Law, Justices and Injustices
Edited by Tawhida Ahmed and Elaine Fahey
Chapter 10: Brexit and the balance of free movement and social justice
The modern welfare state is underpinned by the notion of redistributive justice and solidarity among the nationals of the state, that is, by the concept of national social justice. This welfare nationalism has proven very difficult to balance with EU citizenship and free movement rights, which in turn need to be underpinned by non-discrimination and equal access to social benefits, i.e., European social justice. This chapter analyses the recent destabilising of the balance between free movement and social justice constructed by the Court of Justice in earlier case-law and calls for a new balance to be struck in order to avoid more damage to European integration as that inflicted by Brexit.
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